Sick Leave
Income
Sick leave entitlement varies from industry to industry and period of entitlement may depend on the duration of employment as stipulated in various industry wages council wage regulation orders.
Under the Professional Offices Wages Council Wage Regulation Order, a full time employee is entitled to 20 days sick leave on full pay. The part- time employees have a pro-rata entitlement to sick leave in hours on full pay. A full time employee is entitled to a further period of 20 days sick leave. The part-time employees also have pro-rate entitlement to sick leave. From this amount is subtracted the amount set as sickness benefit under the Social Security Act. The first three days of sick leave are fully paid by the employer.
A full time employee is also entitled to one year injury leave on full pay subtracting the amount of injury benefit that an employee may be entitled to under the Social Security Act if he is injured during the actual discharge of duty and such injury is not due to any contributory negligence on his part or the contravention by him of any safety rules.
Sickness Benefit is payable from the fourth day of incapacity and for up to 156 benefit days per year, or up to a maximum of 312 benefit days per year if the person undergoes major surgery or suffers severe injury (not work-related), or is affected by a serious illness that requires a long period of treatment before the person may resume work.
sources: §9 & 13 of the Professional Offices Wages Council Wage Regulation Order (S.L.452.39); §18 of the Social Security Act (CAP. 318); https://dssservices.gov.mt/BenefitPaymentRates.aspx
Medical Care
Those covered by the social security legislation receive public health care services in accordance with the entitlements determined by the Ministry of Health. Health care is free at the point of use. Public hospitals provide inpatient treatment, including medicine and medical services, free of charge. Public primary care services are free of charge. Persons diagnosed with a chronic disease and patients in the low-income group get free medical care and a list of a diseases is provided under the law. Outpatients, except for low income persons, pay for medicine and medical devices.
sources: §19, 23, Fifth Schedule & Eighth Schedule of the Social Security Act (CAP. 318); https://dssservices.gov.mt/BenefitPaymentRates.aspx
Job Security
Employment of a worker is secure during the term of paid sick leave. As for injury leave, employment of a worker is secure during the first twelve months of incapacity. An employer may not terminate an employee on injury leave (except with worker's own consent) during period of incapacity for work caused by personal injury arising out of and in the course of employment or by any of the occupational disease specified in the Social Security Act. At the end of incapacity for work, in response to the application for re-instatement made by the employee, an employer may reinstate the worker in the former employment or in other suitable employment if the injury or disease has caused incapacity for the former employment.
Sources: §36(15 & 16) of the Employment and Industrial Relations Act
Regulations on Sick Leave
- Employment and Industrial Relations Act (CAP. 452)
- Professional Offices Wages Council Wage Regulation Order (S.L.452.39)
- Social Security Act (CAP. 318) as amended by ACT XVI of 2017
